Felon Gun Rights in Arizona
It depends on your offense type and number of convictions. If you are a first-time felony offender with a non-dangerous, non-serious offense, your other civil rights are automatically restored upon sentence completion, but you must still apply to the court to restore your firearm rights (typically after a 2-year wait). If you have multiple felonies, you must petition the court under ARS § 13-908. If your offense was classified as 'dangerous' under ARS § 13-704, you are permanently prohibited from restoring firearm rights. 'Serious offenses' under ARS § 13-706 require a 10-year wait. Federal law under 18 USC 922(g)(1) also applies independently.
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Overview
Arizona has a tiered system for restoring felon gun rights that depends on the number of convictions and the offense classification. For first-time felony offenders convicted of a non-dangerous, non-serious offense, civil rights (other than firearms) are automatically restored upon completion of probation or absolute discharge from imprisonment under ARS § 13-907. However, firearm rights require a separate application to the court even for first offenders — they are not automatically restored. For persons with multiple felony convictions, or who have not paid victim restitution, restoration of all civil rights including firearms requires a court petition under ARS § 13-908. Critically, 'dangerous offenses' (ARS § 13-704) permanently disqualify a person from firearm rights restoration, and 'serious offenses' (ARS § 13-706) require a 10-year wait after absolute discharge before the person can apply.
Quick Answer
It depends on your offense type and number of convictions. If you are a first-time felony offender with a non-dangerous, non-serious offense, your other civil rights are automatically restored upon sentence completion, but you must still apply to the court to restore your firearm rights (typically after a 2-year wait). If you have multiple felonies, you must petition the court under ARS § 13-908. If your offense was classified as 'dangerous' under ARS § 13-704, you are permanently prohibited from restoring firearm rights. 'Serious offenses' under ARS § 13-706 require a 10-year wait. Federal law under 18 USC 922(g)(1) also applies independently.
Federal Law — 18 USC 922(g)
Under 18 USC 922(g)(1), any person convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing firearms or ammunition. Arizona's restoration of firearm rights by court order can potentially lift the federal ban because Arizona restores civil rights and the court order specifically addresses firearms. When Arizona fully restores civil rights (including voting, which is automatic for first offenders) and the court restores firearm rights, this may satisfy the federal standard. However, this depends on the specific terms of the restoration. The revived 18 USC 925(c) federal petition process provides an alternative federal pathway.
Can restore gun rights
- ✓First-time felony offenders convicted of a non-dangerous, non-serious offense — may apply to the sentencing court for firearm rights restoration after completing probation or receiving absolute discharge from imprisonment, and after paying all victim restitution
- ✓Persons with multiple felony convictions — may petition the court under ARS § 13-908 for restoration of all civil rights including firearms (discretionary)
- ✓Persons convicted of a 'serious offense' (ARS § 13-706) — may apply 10 years after absolute discharge from imprisonment
- ✓Persons who have obtained a set-aside of their conviction under ARS § 13-905 — set-aside releases disabilities but does not automatically restore firearms; separate application needed
- ✓Persons who have received a gubernatorial pardon
Cannot restore gun rights
- ✗Persons convicted of a 'dangerous offense' (ARS § 13-704) — permanently prohibited from firearm rights restoration by any court process
- ✗Persons convicted of a serious offense who have not completed 10 years since absolute discharge
- ✗First-time offenders who have not completed probation or received absolute discharge from imprisonment
- ✗Persons who have not paid all victim restitution imposed by the court
- ✗Persons currently under sentence of incarceration, probation, or parole (must complete first)
- ✗Persons prohibited under federal law (18 USC 922(g)) whose federal disability has not been independently addressed
Step-by-Step Process
Determine your offense classification
Identify whether your felony conviction is classified as a 'dangerous offense' (ARS § 13-704), a 'serious offense' (ARS § 13-706), or a standard felony. Dangerous offenses involve the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or the intentional/knowing infliction of serious physical injury. Serious offenses include specific violent crimes listed in ARS § 13-706 such as aggravated assault with serious injury, sexual assault, and others. This classification determines your eligibility and waiting period.
Complete your sentence and pay victim restitution
You must complete probation or receive absolute discharge from imprisonment. All victim restitution ordered by the court must be paid in full. Under ARS § 13-907, first-time offenders who have completed their sentence and paid restitution receive automatic restoration of most civil rights — but not firearms. Outstanding fines and fees (other than victim restitution) may not block restoration in all cases, but restitution is explicitly required.
Wait the required period based on offense type
For a standard (non-dangerous, non-serious) first felony: 2 years after discharge from probation or absolute discharge from imprisonment before applying for firearm rights. For a serious offense (ARS § 13-706): 10 years after absolute discharge. For a dangerous offense (ARS § 13-704): no restoration is possible through court petition. For multiple felony convictions: apply under ARS § 13-908 (no fixed statutory waiting period, but the court exercises discretion).
File an application with the sentencing court
File an application for restoration of the right to possess firearms with the Superior Court that sentenced you. Forms are available through the Arizona Courts Self-Service Center (azcourts.gov/selfservicecenter/Restore-Firearm-Rights) or the local Superior Court clerk's office. The application is separate from a general civil rights restoration. Include documentation of sentence completion, restitution payment, rehabilitation evidence, and your criminal history.
Court review and hearing
The court will review your application. For first-time offenders with non-dangerous, non-serious offenses, the restoration is generally straightforward if all conditions are met. For multiple offenders or serious offenses, the court has broader discretion and will consider factors such as the nature of the offense, time since discharge, criminal history, and rehabilitation. A hearing may be scheduled. The prosecutor may be notified and may respond.
Receive the court order and address federal law
If the court grants your application, it will issue an order restoring your right to possess firearms under Arizona law. Obtain certified copies. Note that this state restoration may or may not lift the federal prohibition under 18 USC 922(g)(1) — consult a federal firearms attorney to determine whether your specific restoration satisfies the federal standard. The revived 18 USC 925(c) process provides an alternative federal pathway if needed.
Waiting Period
For first-time felony offenders with non-dangerous, non-serious offenses: 2 years after discharge from probation or absolute discharge from imprisonment (plus completion of restitution) before applying for firearm rights. For 'serious offenses' (ARS § 13-706): 10 years after absolute discharge from imprisonment. For 'dangerous offenses' (ARS § 13-704): no restoration is available — permanent prohibition. For multiple felony convictions: no fixed statutory waiting period, but must petition under ARS § 13-908 (discretionary).
Key Laws
| Law | Year | Description |
|---|---|---|
| ARS § 13-907 — Automatic Restoration of Civil Rights for First Offenders; Firearm Rights | Amended 2022 (extended automatic restoration scope) | Provides that first-time felony offenders automatically have their civil rights (voting, jury service, holding office) restored upon completion of probation or absolute discharge from imprisonment, provided victim restitution is paid. However, the right to possess firearms is NOT automatically restored — the person must separately apply to the court for firearm rights restoration. Does not apply to dangerous or serious offenses. |
| ARS § 13-908 — Restoration of Civil Rights; Application | Part of Arizona Criminal Code | Provides the court petition mechanism for persons who are not eligible for automatic restoration under § 13-907 — specifically, those with multiple felony convictions or unpaid restitution. The court has discretion to grant or deny the petition. This statute also covers firearm rights restoration for persons with multiple felonies. |
| ARS § 13-905 — Restoration of Civil Rights; Set Aside | Part of Arizona Criminal Code | Allows a person who has completed the conditions of probation or sentence to apply to the court for a set-aside of the judgment of guilt. A set-aside releases 'all penalties and disabilities' of the conviction but does not automatically restore firearm rights for dangerous or serious offenses. A separate firearm rights application is still required. |
| ARS § 13-704 — Dangerous Offenses; Sentencing | Part of Arizona Criminal Code | Defines 'dangerous offenses' as felonies involving the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or the intentional/knowing infliction of serious physical injury. Persons convicted of dangerous offenses are permanently prohibited from restoring firearm rights by court petition. |
| ARS § 13-706 — Serious, Violent or Aggravated Offenders; Sentencing | Part of Arizona Criminal Code | Defines 'serious offenses' including specific violent crimes. Persons convicted of serious offenses must wait 10 years after absolute discharge before applying for firearm rights restoration. The statute lists the specific offenses qualifying as 'serious,' including aggravated assault resulting in serious physical injury, sexual assault, and others. |
| 18 USC 922(g)(1) — Federal Felon-in-Possession Prohibition | 1968 (Gun Control Act) | Federal law prohibiting any person convicted of a crime punishable by imprisonment for more than one year from possessing firearms or ammunition. Applies in Arizona regardless of state-level restoration. |
Edge Cases
Are civil rights and firearm rights restored at the same time in Arizona?
No. Under ARS § 13-907, first-time non-dangerous, non-serious felony offenders have their general civil rights (voting, jury service, holding office) automatically restored upon sentence completion. However, firearm rights are NOT included in the automatic restoration — a separate application to the sentencing court is required. This is a common source of confusion in Arizona.
What is a 'dangerous offense' and why does it permanently disqualify me?
Under ARS § 13-704, a dangerous offense is a felony involving the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or the intentional/knowing infliction of serious physical injury. The Arizona legislature has determined that persons convicted of dangerous offenses may not have their firearm rights restored through any court process. The only potential paths are a gubernatorial pardon or the federal 18 USC 925(c) petition process.
Does a set-aside under ARS § 13-905 restore my gun rights?
A set-aside releases 'all penalties and disabilities' of the conviction, which can be helpful but does not necessarily restore firearm rights for all offense types. For dangerous and serious offenses, a set-aside does not override the specific firearms prohibitions. For non-dangerous, non-serious first offenses, a set-aside may support a firearm rights application. You should still apply separately for firearm rights restoration.
What if I have more than one felony conviction?
Persons with multiple felony convictions are not eligible for the automatic civil rights restoration under ARS § 13-907. Instead, you must petition the Superior Court under ARS § 13-908 for restoration of civil rights including firearm rights. The court has discretion to grant or deny your petition, and will consider the nature of your offenses, time since discharge, criminal history, rehabilitation efforts, and other factors.
Can I restore gun rights for a serious offense after 10 years?
Yes. Persons convicted of a 'serious offense' as defined in ARS § 13-706 may apply to the court for restoration of firearm rights 10 years after absolute discharge from imprisonment. This is a longer wait than the 2-year period for standard felonies, but unlike dangerous offenses, restoration is not permanently barred. The court has discretion to grant or deny the application.
Does paying victim restitution matter for automatic civil rights restoration?
Yes, it is a critical requirement. Under ARS § 13-907, automatic restoration of civil rights for first offenders requires that all victim restitution imposed by the court has been paid in full. If you still owe restitution, your civil rights (other than firearms) are not automatically restored, and you must petition under ARS § 13-908 instead. This restitution requirement also applies to firearm rights applications.
Frequently Asked Questions
- Can a felon get their gun rights back in Arizona?
- Yes, for many felony convictions. First-time offenders with non-dangerous, non-serious offenses can apply to the court for firearm rights restoration 2 years after completing probation or receiving absolute discharge. Persons with serious offenses must wait 10 years. Persons with multiple felonies must petition under ARS § 13-908. However, persons convicted of 'dangerous offenses' (ARS § 13-704) are permanently prohibited and cannot restore firearm rights through court petition.
- Are gun rights automatically restored for first offenders in Arizona?
- No — this is a common misconception. Under ARS § 13-907, general civil rights (voting, jury service, holding office) are automatically restored for first-time non-dangerous, non-serious felony offenders upon sentence completion. However, firearm rights are explicitly excluded from the automatic restoration. You must file a separate application with the sentencing court to restore your right to possess firearms.
- What is the difference between a dangerous offense and a serious offense in Arizona?
- A 'dangerous offense' (ARS § 13-704) involves the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or the intentional infliction of serious physical injury — it permanently bars firearm rights restoration. A 'serious offense' (ARS § 13-706) is a category of specific violent crimes with enhanced sentencing — it requires a 10-year wait after discharge but does allow eventual firearm rights restoration. Not all violent offenses are both — the classifications are separate.
- How long do I have to wait to apply for gun rights restoration in Arizona?
- For first-time, non-dangerous, non-serious felonies: 2 years after discharge from probation or absolute discharge from imprisonment. For serious offenses (ARS § 13-706): 10 years after absolute discharge. For multiple felonies: no fixed waiting period, but must petition under ARS § 13-908. For dangerous offenses (ARS § 13-704): no restoration is available.
- Where do I file for firearm rights restoration in Arizona?
- File with the Superior Court that sentenced you. Forms are available through the Arizona Courts Self-Service Center at azcourts.gov/selfservicecenter/Restore-Firearm-Rights. In Maricopa County, information is available from the Superior Court at superiorcourt.maricopa.gov. Contact the clerk's office for filing procedures and fees.
- Does Arizona restoration of gun rights lift the federal firearms ban?
- It can. When Arizona restores civil rights (automatically or by court order) and the court separately restores firearm rights, this may satisfy the federal standard for lifting the 18 USC 922(g)(1) disability. The combination of restored voting rights, jury rights, and an affirmative court order restoring firearms generally meets the federal criteria. However, consult a federal firearms attorney for your specific situation.
- What if I was convicted in another state but now live in Arizona?
- If you were convicted in another state and your rights were restored under that state's law, Arizona generally recognizes the restoration. If your rights have not been restored in the convicting state, you may need to seek restoration there first. Arizona courts can restore rights for Arizona convictions only. Consult a firearms attorney for guidance on multi-state issues.
- Can I possess a firearm while my application is pending?
- No. Until the court issues an order restoring your firearm rights, you remain prohibited from possessing firearms under both Arizona law (ARS § 13-3101 — prohibited possessor) and federal law (18 USC 922(g)(1)). Possession while prohibited is a Class 4 felony in Arizona, punishable by up to 3.75 years in prison. Do not possess any firearm until you have a signed court order.
Take Action — Direct Links
- Arizona Courts — Self-Service Center: Restore Firearm Rights
Official Arizona Courts page with forms, instructions, and eligibility information for petitioning to restore firearm rights.
- Maricopa County Superior Court — Restoration of Civil and Gun Rights
Maricopa County guide for filing restoration of civil rights and gun rights petitions, including forms and filing procedures.
- ARS § 13-907 — Automatic Restoration for First Offenders (Full Statute)
Full text of the statute governing automatic civil rights restoration for first offenders and the separate firearm rights application process.
- ARS § 13-906 — Restoration of Civil Rights; Process
Full text of the statute describing the general civil rights restoration process in Arizona.
- CCRC — Arizona Restoration of Rights & Record Relief
Comprehensive overview of all rights restoration mechanisms in Arizona, including firearm rights, civil rights, set-asides, and pardons.
- Coconino County — Restoration of Civil Rights FAQ
County-level FAQ covering common questions about civil rights and firearm rights restoration in Arizona.
Video Guides
Sources
- ARS § 13-907 — Automatic restoration of civil rights for first offenders; firearm rights
- ARS § 13-906 — Restoration of civil rights; process
- ARS § 13-704 — Dangerous offenses; sentencing
- ARS § 13-706 — Serious, violent or aggravated offenders; sentencing
- Arizona Courts — Self-Service Center: Restore Firearm Rights
- Maricopa County Superior Court — Restoration of Civil and Gun Rights
- CCRC — Arizona Restoration of Rights Profile
- Shouse Law Group — ARS § 13-704 Dangerous Offenses